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| Section | Objectives |
|---|---|
| Principles of Insurance Law | - Nature and purpose of insurance law - Fundamental legal principles affecting insurance contracts |
| Liability and Tort Law | - Vicarious liability - Negligence principles - Occupiers’ liability |
| Insurance Contract Formation | - Policy wording and interpretation - Offer, acceptance, consideration, and intention to create legal relations |
| Key Legal Principles in Insurance | - Disclosure and misrepresentation - Warranties and conditions - Insurable interest - Utmost good faith (uberrimae fidei) |
| Claims and Remedies | - Subrogation and contribution - Claims handling process - Fraud and avoidance of policies |
1. For this question more than 1 option is correct. You must select all the correct options to gain the mark. In a consumer insurance policy, a warranty can arise as
A) an exception clause.
B) a basis of the contract clause.
C) an express term.
D) a continuing warranty.
2. What is the maximum contingency fee percentage under a damages-based agreement that can be charged by a solicitor for personal injury cases and employment tribunal cases respectively?
A) 50% for both cases.
B) 25% for personal injury cases and 35% for employment tribunal cases.
C) 35% for both cases.
D) 35% for personal injury cases and 25% for employment tribunal cases.
3. Adam was bitten by a stray dog in Africa. He washed his wound in a pond and a week later he became very ill with a high temperature. Initially, the local hospital treated him for malaria and later treated him for the fever following the dog bite. Adam died in hospital. What is the proximate cause of his death?
A) The delay in seeking medical treatment.
B) The original physical injury of the dog bite.
C) The unhygienic washing of the dog bite.
D) The delay in obtaining the correct medical treatment.
4. A breach of warranty under the general law of contract legally entitles an injured party to
A) avoid the contract from the date of the breach.
B) obtain specific performance.
C) avoid the contract ab initio.
D) claim damages.
5. John owns stock that he intentionally insured for £15,000, although the full value of the stock is £18.000. His insurance policy has no excess and is subject to a pro rata condition of average. In the event of water damaging
£6.000 of John's stock, how much will the insurer pay for a valid claim after the application of average?
A) £5,000
B) £3,000
C) £6,000
D) £15,000
Solutions:
| Question # 1 Answer: B,C | Question # 2 Answer: B | Question # 3 Answer: B | Question # 4 Answer: D | Question # 5 Answer: A |
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